Newsletters and Bulletins / February 2002 / Georgia |
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Georgia - New Trademark Law A new Trademark Law has entered into effect in the country of Georgia. The most interesting provisions are summarized below.
(1) Registrable marks are defined as signs serving to distinguish the goods or services of one party from those of others, including words, figurative signs and three-dimensional shapes, and may be registered in any color, or combination of colors. (2) Marks that are well-known in Georgia are protected in accordance with Article 6bis of the Paris Convention. (3) A cancellation action may be filed against a registered mark which has not been used for any period of 5 consecutive years. (4) Owners of marks that are generally known in Georgia may cancel registrations for marks that are confusingly similar, even in the case of dissimilar goods/services, including confusion as a result of association. (5) Owners of marks with a high reputation in Georgia may cancel registrations for marks, including those for dissimilar goods/services, when the latter mark takes undue advantage of or damages the reputation of, the former. (6) A registered mark may not be registered by a third party within one year following expiration of the original registration. (7) A trademark may be assigned with or without the goodwill of the business, but recordal of the assignment is necessary to be effective against third parties. (8) Collective marks may be registered. (9) Applications will be examined by the Trademark Office on both absolute and relative grounds. (10) Applicants may appeal an adverse decision against their trademark applications to the Chamber of Appeal within three months of notification of said adverse decision and the decision of the Chamber of Appeal may be further appealed to the Court. (11) License agreements are recognized and recordal is mandatory. (12) Applications filed and registrations in effect as of May 5, 1999 remain valid in accordance with the previous law. |
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